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Bombay High CourtFA/546/2022disposed off

Bajaj Allianz General Insurance Co. Ltd., Thr Its Manager, Aurangabad v. Prakash Bhagwan Wayal And ORS

2022-06-14Hon'Ble Shri Justice S. G. Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 951 CIVIL APPLICATION NO.8308 OF 2022 IN FIRST APPEAL NO.546 OF 2022 WITH CIVIL APPLICATION NO.4090 OF 2022 IN FIRST APPEAL NO.546 OF 2022 WITH FIRST APPEAL NO.546 OF 2022 ...

PRAKASH BHAGWAN WAYAL & ANOTHER

VERSUS

BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. & OTHERS ...

Advocate for applicants : Mr.K.B.Jadhav Advocate for respondent no.1 : Mr.S.S.Dargad h/f. Mr.S.G.Chapalgaonkar ...

CORAM : S.G.DIGE, J.

DATE : 14.06.2022 P.C. :

1] Heard the learned counsel for the applicants and respondent no.1.

2] The learned counsel for the applicants submits that direction be given to the learned Motor Accident Claims Tribunal to expedite the matter as the Claim Petition

is pending since 2019 and the applicants are not pressing to grant relief as mentioned in this Civil Application i.e. Civil Application No.8308 of 2022.

3] The learned counsel for respondent no.1 submits that Civil Application No.8308 of 2022 is filed by the applicants for withdrawal of the amount of Rs.50,000/- deposited by the respondents. As the applicants are not pressing Civil Application No.8308 of 2022 and requesting to direct the learned Tribunal to expedite the pending Claim Petition, hence, I pass the following order :

ORDER

i] Civil Application No.8308 of 2022 is disposed of in view of the statement made by the learned counsel for the applicants. The learned Motor Accident Claims Tribunal, Jalna is directed to dispose of the Motor Accident Claim Petition No.107 of 2019, as early as possible, preferably within four [4] months from today and shall submit a report to this Court.

ii] Accordingly, First Appeal No. 546 of 2022, which has preferred against the order of the learned Motor Accident Claims Tribunal and Civil Application No.4090 of 2022 are also disposed of.

iii] It is made clear that this Court has not considered the merit of the Civil Applications as well as the First Appeal. The amount deposited in this Court be transferred to the Motor Accident Claims Tribunal, Jalna, and it shall be kept in abeyance till the disposal of the Claim Petition.

[S.G.DIGE] JUDGE DDC